Disposed

Jugraj Mali S/O Shri Chotu, v. State of Rajasthan

Rajasthan HC2 Apr 2024CRLMP/139/2024

Case brief

AI extract

What is this about?

Petitioner challenged an order by Judicial Magistrate proceeding under Sections 200 and 202 CrPC instead of directing police investigation under Section 156(3) CrPC. Counsel admitted the remedy lay in revision under Section 397(2) CrPC. Petition disposed of with liberty to file revision and condonation of delay for complaint.

What did the court decide?

Liberty to file revision petition under Section 397(2) CrPC.

Jugraj Mali S/O Shri Chotu, Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:15456]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 139/2024

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Jugraj Mali S/o Shri Chotu, Aged About 53 Years, R/o Naga Colony, Sawar, District Kekri, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Public Prosecutor.

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Rajendra Singh S/o Shri Devraj Singh Shaktawat, R/o Sawar, Police Station Sawar, District Kekri, Rajasthan.

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Vishwajeet Singh S/o Shri Rajendra Singh Shaktawat, R/o Sawar, Police Station Sawar, District Kekri, Rajasthan.

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Pintu S/o Shri Raychandra Mali, R/o Sawar, Police Station Sawar, District Kekri, Rajasthan.

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Chittar S/o Shri Shriniwas, R/o Sawar, Police Station Sawar, District Kekri, Rajasthan.

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Ramdev S/o Shri Shriniwas, R/o Sawar, Police Station Sawar, District Kekri, Rajasthan.

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Manvendra Singh, Station House Officer, Police Station Sawar, District Kekri, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Pradeep Sharma For Respondent(s) : Mr. Yeshwant Kankhadia,PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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02/04/2024

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By means of this criminal misc. petition under Section 482 CrPC, challenge has been made to the order dated 21.12.2023 passed by the Judicial Magistrate, Kekri, District Ajmer in criminal complaint No.76/2023, allowing to register the criminal complaint and to proceed under Section 200 and 202 CrPC for injury instead of sending the criminal complaint for investigation under Section 156(3) CrPC.

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Counsel for petitioner contends that allegations made in the criminal complaint give rise to a cognizable offence and in the light of judgment of Hon’ble Supreme Court in case of Lalita Kumari

[2024:RJ-JP:15456]

[CRLMP-139/2024]

(2 of 2)

Vs. Government of Uttar Pradesh [(2014) 2 SCC 1], the Judicial Magistrate ought to have sent the complaint for investigation to the police, but the Judicial Magistrate committed jurisdictional error in proceeding to hold an inquiry under Section 200 and 202 CrPC.

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However, after arguing for some time, counsel for petitioner admits that the impugned order is assailable before the Sessions Court by way of criminal revision petition under Section 397(2) CrPC, hence, in such view, petitioner does not want to press the petition and seeks liberty to file the revision petition.

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Accordingly, instant petition stands disposed of with liberty as prayed for.

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Since, the present petition was filed within limitation, therefore, in case petitioner files the criminal complaint within a period of 30 days from today, learned Sessions Judge shall consider to condone the delay liberally in order to decide the revision petition on merits.

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(SUDESH BANSAL), J

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NITIN /411

Jugraj Mali S/O Shri Chotu, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jugraj Mali S/O Shri Chotu, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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